Legal Question in Wills and Trusts in Washington

My mother recently passed away and had a current written living will. There are only two people, my brother and I, and mom left everything to us two. The will stated that my brother receive her house and property and we split her monetary equities. My mom stated in the will that I receive a flat dollar amount and the remainder of the monies going to my brother. I just received a notice via the US Mail, that mom had a life insurance policy and it names both me and my brother as beneficiaries.

Question: If my brother and I are the beneficiaries of this life insurance policy. Do we (my brother and I) share in this? Or does my brother get it all because in the living will mom stated that I receive a flat amount of money? There was no mention of a life insurance policy in the will.

thanks.....


Asked on 11/24/10, 8:05 am

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

The will does not govern life insurance policy proceeds. The life insurance contract governs unless the Will said you get a certain amount, �including the life insurance proceeds�, or words to that effect, the distributions from the will cannot take the life insurance proceeds into consideration. You should expect the specific amount from the will, plus � of the life insurance proceeds. Life insurance proceeds gets distributed immediately from the life insurance company and you should get your specific amount from the estate(will) before your brother gets the remainder.

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Answered on 11/29/10, 8:32 am


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